342. Please communicate promptly to Hirota a note as follows:
"The Government and people of the United States have been deeply shocked by the facts of the bombardment and sinking of the U. S. S. Panay and the sinking or burning of the American steamers Meiping, Meian and Meisian [Meihsia] by Japanese aircraft.
The essential facts are that these American vessels were in the Yangtze River by uncontested and incontestable right; that they were flying the American flag; that they were engaged in their legitimate and appropriate business; that they were at the moment conveying American official and private personnel away from points where danger had developed; that they had several times changed their position, moving upriver, in order to avoid danger; and that they were attacked by Japanese bombing planes. With regard to the attack, a responsible Japanese naval officer at Shanghai has informed the Commander-in-Chief of the American Asiatic Fleet that the four vessels were proceeding upriver; that a Japanese plane endeavored to ascertain their nationality, flying at an altitude of three hundred meters, but was unable to distinguish the flags; that three Japanese bombing planes, six Japanese fighting planes, six Japanese bombing planes, and two Japanese bombing planes, in sequence, made attacks which resulted in the damaging of one of the American steamers, and the sinking of the U. S. S. Panay and the other two steamers.
Since the beginning of the present unfortunate hostilities between Japan and China, the Japanese Government and various Japanese authorities at various points have repeatedly assured the Government and authorities of the United States that it is the intention and purpose of the Japanese Government and the Japanese armed forces to respect fully the rights and interests of other powers. On several occasions, however, acts of Japanese armed forces have violated the rights of the United States, have seriously endangered the lives of American nationals, and have destroyed American property. In several instances, the Japanese Government has admitted the facts, has expressed regrets, and has given assurances that every precaution will be taken against recurrence of such incidents. In the present case, acts of Japanese armed forces have taken place in complete disregard of American rights, have taken American life, and have destroyed American property both public and private.
In these circumstances, the Government of the United States requests and expects
of the Japanese Government a formally recorded expression of regret, an undertaking
to make complete and comprehensive indemnifications, and an assurance that definite
and specific steps have been taken which will ensure that hereafter American
nationals, interests and property in China will not be subjected to attack by
Japanese armed forces or unlawful interference by any Japanese authorities or
Before seeing Hirota inform your British colleague of intended action and text, but do not thereafter await action by him.
We are informing British Government of this instruction to you.
Source: U.S., Department of State, Publication 1983, Peace and War: United States Foreign Policy, 1931-1941 (Washington, D.C.: U.S., Government Printing Office, 1943, pp. 394-395.
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